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· 1/11/2005

Kenneth Foss, Administrator of the Estate of Vincent P. Koth v. Bear, Stearns & Co., Inc., and Patrick Delahanty O'Meara

Citations

  • 394 F.3d 540
  • 2005 U.S. App. LEXIS 406
  • 2005 WL 43724

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that SOX does not revive time-barred claims
  • finding persuasive the Second Circuit’s reasoning in Enterprise Mortgage and stating that the court has “nothing to add to the [Second [C]ircuit’s explanation.”
  • discussing effect of Sarbanes-Oxley on statutes of limitations for securities claims
  • “Unless the complaint alleges facts that create an ironclad defense, a limitations argument must await factual development.”
  • “Unless the complaint alleges facts that create an ironclad defense, a limitations argument must await factual development.”
  • “[T]he period of limitations is an affirmative defense that a complaint need not address. Unless the complaint alleges facts that create an ironclad defense, a limitations argument must await factual development.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Posner, Easterbrook

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.